H2188B3698A07489 MSP:EAZ 06/12/08 #90 A07489
AMENDMENTS TO HOUSE BILL NO. 2188
Sponsor: REPRESENTATIVE J. TAYLOR
Printer's No. 3698
1 Amend Sec. 3, page 3, line 15, by striking out ""Cost" and
2 inserting
3 "Costs
4 Amend Sec. 3, page 3, line 16, by inserting after
5 "rehabilitation"
6 , maintenance and operation
7 Amend Sec. 5, page 8, line 20, by inserting after "OWNER,"
8 unless the transfer of title results from the death
9 of the prior owner,
10 Amend Sec. 5, page 11, lines 9 through 13, by striking out
11 all of lines 9 through 12 and "(h)" in line 13 and inserting
12 (g)
13 Amend Sec. 5, page 11, line 17, by striking out "(i)" and
14 inserting
15 (h)
16 Amend Sec. 5, page 11, line 21, by striking out "(j)" and
17 inserting
18 (i)
19 Amend Sec. 6, page 14, lines 14 through 19, by striking out
20 all of said lines and inserting
21 (c) Hearing on conservator's final plan for abatement.--
22 (1) At the time the court appoints a conservator, a
23 hearing date on the conservator's final plan for abatement
24 shall be set within 120 days of the appointment.
25 (2) Thirty days prior to the date of the hearing, the
1 conservator shall submit the plan to the court and to all
2 parties to the action.
3 (3) The plan shall include a cost estimate, a financing
4 plan and either a description of the work to be done for the
5 rehabilitation of the building or, if rehabilitation is not
6 feasible, a proposal for the closing, sealing or demolition
7 of the building.
8 (4) The plan shall conform with all existing municipal
9 codes, duly adopted plans for the area and historic
10 preservation requirements.
11 (5) At the time of the hearing, all parties shall be
12 allowed to comment on the plan, and the court shall take all
13 comments into consideration when assessing the feasibility of
14 the plan and the proposed financing.
15 (6) Within 15 days of the hearing, the court shall issue
16 a decision approving the plan or requiring that the plan be
17 amended.
18 (7) If the court decision requires that the plan be
19 amended, a hearing date shall be set within 60 days from the
20 date of the decision.
21 Amend Sec. 8, page 15, lines 22 through 24, by striking out
22 "cost of" in line 22, all of line 23 and "building" in line 24
23 and inserting
24 costs of rehabilitation
25 Amend Sec. 8, page 15, line 27, by striking out
26 "rehabilitation of the building" and inserting
27 costs of rehabilitation
28 Amend Sec. 8, page 16, line 4, by inserting after
29 "IMPROVEMENTS"
30 or other costs of rehabilitation
31 Amend Sec. 8, page 16, line 10, by striking out
32 "REHABILITATION ON THE BUILDING" and inserting
33 costs of rehabilitation
34 Amend Sec. 8, page 16, line 11, by striking out "OF SUCH
35 REHABILITATION"
36 Amend Sec. 8, page 16, by inserting between lines 12 and 13
37 (d) Approval of financing.--The court may approve financing
38 for the costs of rehabilitation, the terms of which may include
39 deferred repayment and use restrictions. The terms of the
40 financing may remain with the property after the conservatorship
41 has ended and be assumed by any of the following:
42 (1) The owner, if the owner regains possession of the
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1 property under section 10(2).
2 (2) The buyer who takes title under section 9.
3 Amend Sec. 9, page 16, lines 21 and 22, by striking out all
4 of said lines and inserting
5 (1) Notice and an opportunity to provide comment to the
6 court was given to each record owner of the property and each
7 lienholder.
8 Amend Sec. 9, page 16, by inserting between lines 25 and 26
9 (3) The terms and conditions of the sale are acceptable
10 to the court, and the buyer has a reasonable likelihood of
11 maintaining the property.
12 Amend Sec. 9, page 17, line 5, by inserting after
13 "encumbrances"
14 which have not been assumed under section 8(d)
15 Amend Sec. 9, page 17, line 16, by striking out ", insuring
16 or maintaining of the property AND" and inserting
17 of the property
18 Amend Sec. 9, page 17, line 17, by striking out "(5)(H)" and
19 inserting
20 (5)(g)
21 Amend Sec. 11, page 18, lines 25 through 30; page 19, line 1,
22 by striking out all of said lines on said pages and inserting
23 Section 11. Applicability.
24 (a) General inapplicability.--This act shall not apply to
25 commercial and residential buildings, structures or land owned
26 by or held in trust for the Federal Government and regulated
27 under the United States Housing Act of 1937 (Public Law 75-412,
28 50 Stat. 888, 42 U.S.C. § 1437 et seq.) and regulations
29 promulgated under that act.
30 (b) Inapplicability to service members.--This act shall not
31 apply if the property owner has vacated the property in order to
32 perform military service in time of war or armed conflict as a
33 member of the United States Armed Forces or its reserve
34 component.
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